Indiana

Under Indiana law, fly ash, bottom ash, or such ash when mixed with flue gas desulfurization products may not be regulated if the material is not hazardous and is disposed in a properly permitted and approved facility. Additionally, fly ash, bottom ash, or such ash when mixed with flue gas desulfurization products or boiler slag may not be regulated when used 1) for the extraction and recovery of materials and compounds within the ash; 2) as an anti-skid material (bottom ash); 3) as a raw material in manufacturing another product; 4) for mine subsidence, mine fire control, and mine sealing (restrictions may apply under the laws and regulations applicable to mining); 5) as structural fill when combined with cement, sand, or water to produce a controlled strength fill material; and 6) as a base in road construction. The Indiana Department of Environmental Management has prepared guidelines specifying testing requirements for use in ways other than those specified above.

Contact Information:
Tracy Barnes
Indiana Department of Environmental Management
Office of Waste Section
100 N. Senate Avenue, P.O. Box 6015, Indianapolis, IN, 46206-6015
Phone:  (317) 232-8401

George Ritschotte
Indiana Department of Environmental Management
Industrial Waste Section
100 N. Senate Avenue, P.O. Box 6015, Indianapolis, IN, 46206-6015
Phone:  (317) 232-5976
Website: www.in.gov/idem

Detailed Review of CCB Regulations:
Under Indiana law (IN. Code 13-19-3-3(1)), coal combustion fly ash, bottom ash, or coal combustion fly ash or bottom ash in a mixture with flue gas desulfurization byproducts generated by the combustion of coal is not included in the definition of hazardous waste and is exempt from the hazardous waste regulations. Additionally, fly ash, bottom ash, or such ash when mixed with flue gas desulfurization byproducts or boiler slag, may not be regulated by the Solid Waste Management Board when used in the following manner:

• For the extraction and recovery of materials and compounds within the ash;
• As an anti-skid material (bottom ash);
• As a raw material for the manufacturing of another product
• For mine subsidence, mine fire control, and mine sealing (Note: restrictions may apply under the laws and regulations applicable to mining. See Indiana Department of Natural Resources regulations);
• As structural fill when combined with cement, sand or water to produce a controlled strength fill material; and
• As a base in road construction.

IN. Code 13-19-3-3(2).
On August 17, 1998, the Indiana Department of Environmental Management ("IDEM") prepared draft Coal Ash Waste Classification Guidelines specifying sampling and testing requirements for CCBs for land disposal at facilities other than municipal solid waste landfills and for uses other than specified above. For uses other than those listed above, specific written approval must be obtained from the IDEM. Copies of the regulations and guidelines may be obtained by contacting the Industrial Waste Section at (317) 308-3103.

CCBs may be disposed of in a restricted waste site type I without specific testing. CCBs may be disposed at other restricted waste site types only if:

• TCLP results for arsenic, barium, cadmium, chromium, lead, mercury, selenium and silver are within specified limits, (Note: The Extraction Procedure Toxicity Test is no longer used to evaluate the toxicity of these parameters)
• Neutral leaching (TCLP test using deionized water instead of TCLP extraction fluids) results for barium, chlorides, copper, total cyanide, fluoride, iron, pH, manganese, nickel, phenols, sodium, sulfate, total sulfide, total dissolved solids and zinc are within the specified limits

Resampling to verify waste type is conducted every five (5) years, whenever the characteristics of the coal change, whenever the process generating the waste changes, or according to a schedule for resampling specified by the commissioner of IDEM based on variability noted in previous sampling and other factors affecting the predictability of the wastes characteristics.

329 IAC 10-9-4.
As of July 1, 2000, the category of special waste in Indiana was abolished and CCBs became regulated as industrial waste when disposed of in a municipal waste landfill. Previously, CCBs had not been regulated as special waste. Pursuant to the new legislation, CCBs may be disposed of only at a solid waste landfill cell or unit that meets or exceeds Subtitle D design standards of RCRA or at a waste-to-energy facility if the facility has an issued permit. A one-time notification to the landfill is required before disposal.

However, the IDEM may issue a permit to a solid waste landfill that is not designed pursuant to RCRA Subtitle D standards. CCBs may then be disposed of in the solid waste landfill. CCBs may also be disposed in a state permitted landfill without being regulated as industrial waste. There is also an exemption for a generator who generates less than 220 pounds of industrial waste per month.

IN. CODE 13-20-7.5-1
The DEM's website has additional information and draft guidance on the new industrial waste legislation as well as a summary of the legislation which is located at www.in.gov/idem/4996.htm.